AN ACT Relating to community supervision; amending RCW 9.94A.200, 9.94A.360, and 9.94A.330; reenacting and amending RCW 9.94A.120; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 12, chapter 137, Laws of 1981 as last amended by section 20, chapter 257, Laws of 1986 and by section 4, chapter 301, Laws of 1986 and RCW 9.94A.120 are each reenacted and amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2), (5), and (7) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

(4) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than three years, and shall not be eligible for furlough, work release or other authorized leave of absence from the correctional facility during such minimum three year term except for the purpose of commitment to an inpatient treatment facility. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section.

(5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(a) Devote time to a specific employment or occupation;

(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

(e) Report as directed to the court and a community corrections officer; or

(f) Pay a fine and/or accomplish some community service work.

(6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or a fine. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(7) (a) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.040 or RCW 9A.44.050 and has no prior convictions for a sex offense or any other felony sexual offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

After receipt of the reports, the court shall then determine whether the offender and the community will benefit from use of this special sexual offender sentencing alternative. If the court determines that both the offender and the community will benefit from use of this provision, the court shall then impose a sentence within the sentence range and, if this sentence is less than six years of confinement, the court may suspend the execution of the sentence and place the offender on community supervision for up to two years. As a condition of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment;

(iii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

(iv) Report as directed to the court and a community corrections officer;

(v) Pay a fine, accomplish some community service work, or any combination thereof; or

(vi) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

If the offender violates these sentence conditions the court may revoke the suspension and order execution of the sentence. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.

(b) When an offender is convicted of any felony sexual offense and is sentenced on or after July 1, 1987, to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

If the offender completes the treatment program before the expiration of his term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer of any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his community supervision, the court may order the offender to serve out the balance of his community supervision term in confinement in the custody of the department of corrections.

Nothing in (b) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced prior to July 1, 1987.

After June 30, 1993, (b) of this subsection shall cease to have effect.

(c) Whenever a court sentences a person convicted of a sex offense committed after ((~~July 1, 1986~~)) the effective date of this 1987 section, to a term of confinement of more than one year, including a sentence under (b) of this subsection, the court may also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve up to two years of community supervision. The conditions of supervision shall be limited to:

(i) Crime-related provisions;

(ii) A requirement that the offender report to a community corrections officer at regular intervals; ((~~and~~))

(iii) A requirement to remain within or without stated geographical boundaries;

(iv) Restrictions on the association of the offender during the period of community supervision;

(v) A requirement that the offender participate in treatment or counseling services;

(vi) A requirement that the offender secure and maintain employment;

(vii) A requirement that the offender pursue a prescribed, court approved course of study or vocational training;

(viii) A requirement that the offender abstain from the use of alcohol or other intoxicants; and

(ix) Any other requirements the court deems necessary for the protection of the public.

The length and conditions of supervision shall be set by the court at the time of sentencing. However, within thirty days prior to release from confinement and throughout the period of supervision, the length and conditions of supervision may be modified by the sentencing court, upon motion of the department of corrections, the offender, or the prosecuting attorney. The period of supervision shall be tolled during any time the offender is in confinement for any reason. The period of supervision shall be concurrent with any outpatient supervision that is part of a treatment program imposed under (b) of this subsection. In no case may the period of supervision, in combination with the other terms of the offender's sentence, exceed the statutory maximum term for the offender's crime, as set forth in RCW 9A.20.021.

If the offender violates any condition of supervision, the sentencing court, after a hearing conducted in the same manner as provided for in RCW 9.94A.200, may order the offender to be confined for up to sixty days in the county jail at state expense from funds provided for this purpose to the department of corrections. Reimbursement rates for such purposes shall be established based on a formula determined by the office of financial management and reestablished each even-numbered year. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. Even after the period of supervision has expired, an offender may be confined for a violation occurring during the period of supervision. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.

(8) (a) Whenever a court sentences a person to a correctional institution for a sex offense or an offense classified at level VII or above as set forth in RCW 9.94A.320 committed after the effective date of this 1987 section, the court shall also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve up to one year of postrelease community supervision, followed by one year of conditional discharge from supervision. The conditions of postrelease community supervision shall be limited to:

(i) Crime-related prohibitions;

(ii) A requirement that the offender report to a community corrections officer at regular intervals;

(iii) A requirement to remain within or without stated geographical boundaries;

(iv) Restrictions on the association of the offender during the period of community supervision;

(v) A requirement that the offender participate in treatment or counseling services;

(vi) A requirement that the offender secure and maintain employment;

(vii) A requirement that the offender pursue a prescribed, court approved course of study or vocational training;

(viii) A requirement that the offender abstain from the use of alcohol or other intoxicants; and

(ix) Any other requirements the court deems necessary for the protection of the public.

(b) Whenever a court sentences a person convicted of any offense committed after the effective date of this 1987 section to a term of confinement of more than one year, the court shall also order, in addition to the other terms of the sentence, that the offender, upon release from confinement, serve a term of one year of conditional discharge from supervision. Conditions of the conditional discharge from supervision under this section shall be limited to (a) (i) and (iii) through (ix) of this subsection.

(c) The length and conditions of supervision shall be set by the court at the time of sentencing. However, within thirty days prior to release from confinement and throughout the period of supervision, the length and conditions of supervision may be modified by the sentencing court, upon motion of the department of corrections, the offender, or the prosecuting attorney. The period of supervision shall be tolled during any time the offender is in confinement for any reason. In no case may the period of supervision, in combination with the other terms of the offender's sentence, exceed the statutory maximum term for the offender's crime, as set forth in RCW 9A.20.021.

If the offender violates any condition of supervision or conditional discharge from supervision, a hearing shall be conducted in the same manner as provided in RCW 9.94A.200. Jurisdiction shall be with the court of the county in which the offender was sentenced. However, the court may order a change of venue to the offender's county of residence or where the violation occurred, for the purpose of holding a violation hearing. The district courts shall have concurrent jurisdiction with the superior courts after a certified copy of the judgment and sentence is filed.

After the hearing, the court may order the offender to be confined for up to sixty days in the county jail, the first thirty of which shall be at state expense from funds provided for this purpose to the department of corrections, and the second thirty of which, together with costs of indigent defense, shall be at county expense. Reasonable reimbursement rates for such purposes shall be established based on a formula determined by the office of financial management and reestablished each even-numbered year. An offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be credited against confinement imposed for a violation. Even after the period of supervision has expired, an offender may be confined for a violation occurring during the period of supervision. The court shall retain jurisdiction for the purpose of holding the violation hearing and imposing a sanction.

(9) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

((~~(9)~~)) (10) If a sentence imposed includes a fine or restitution, the sentence shall specify a reasonable manner and time in which the fine or restitution shall be paid. In any sentence under this chapter the court may also require the offender to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary (a) to pay court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required, (b) to make recoupment of the cost of defense attorney's fees if counsel is provided at public expense, (c) to contribute to a county or interlocal drug fund, and (d) to make such other payments as provided by law. All monetary payments shall be ordered paid by no later than ten years after the date of the judgment of conviction.

((~~(10)~~)) (11) Except as provided under RCW 9.94A.140(1), a court may not impose a sentence providing for a term of confinement or community supervision which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

((~~(11)~~)) (12) All offenders sentenced to terms involving community supervision, community service, restitution, or fines shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow implicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer of any change in the offender's address or employment.

((~~(12)~~)) (13) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

((~~(13)~~)) (14) A departure from the standards in RCW 9.94A.400(1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210(2) through (6).

((~~(14)~~)) (15) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

Sec. 2. Section 20, chapter 137, Laws of 1981 as amended by section 12, chapter 209, Laws of 1984 and RCW 9.94A.200 are each amended to read as follows:

(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

(2) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions apply:

(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance. The court may issue a summons or a warrant of arrest for the offender's appearance;

(b) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may convert a term of partial confinement to total confinement. Any time served in confinement awaiting a hearing on noncompliance shall be credited against any confinement order by the court; and

(c) If the court finds that the violation was not willful, the court may modify its previous order regarding payment of fines or other monetary payments and regarding community service obligations.

(3) Nothing in this section prohibits the filing of escape charges if appropriate.

Sec. 3. Section 7, chapter 115, Laws of 1983 as last amended by section 25, chapter 257, Laws of 1986 and RCW 9.94A.360 are each amended to read as follows:

The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules, partially summarized in Table 3, RCW 9.94A.330, are as follows:

The offender score is the sum of points accrued under subsections (1) through ((~~(14)~~)) (15) of this section rounded down to the nearest whole number.

(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

(2) Except as provided in subsections (3) and (13) of this section, class A prior felony convictions shall always be included in the offender score. Class B prior felony convictions shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without being convicted of any felonies. Class C prior felony convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without being convicted of any felonies. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without being convicted of any serious traffic or felony traffic offenses. This subsection applies to both adult and juvenile prior convictions. Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

(3) Include class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

(5) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

(a) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses, and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used;

(b) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score; and

(c) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

(9) If the present conviction is for Murder 1 or 2, Assault 1, Kidnaping 1, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 conviction, and one point for each prior juvenile Burglary 2 conviction.

(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide; count one point for each adult, and 1/2 point for each juvenile, prior conviction for each other felony offense or serious traffic offense.

(12) If the present conviction is for a drug offense count two points for each adult prior felony drug offense conviction and one point for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

(13) If the present conviction is for escape (Escape 1, RCW 9A.76.110; Escape 2, RCW 9A.76.120; Willful Failure to Return from Furlough, RCW 72.66.060; and Willful Failure to Return from Work Release, RCW 72.65.070), count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

(14) If the present conviction is for Burglary 2, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 conviction, and one point for each juvenile prior Burglary 2 conviction.

(15) If the present conviction is for an offense committed while the offender was under postrelease community supervision or conditional discharge from supervision pursuant to this chapter, count one point.

Sec. 4. Section 4, chapter 115, Laws of 1983 as last amended by section 24, chapter 257, Laws of 1986 and RCW 9.94A.330 are each amended to read as follows:

@bv@lb TABLE 3

OFFENDER SCORE MATRIX

!tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Adult!sc ,1Convictions

(Score prior convictions for

felony anticipatory crimes

(attempts, criminal solicitations,

and criminal conspiracies) the

same as for the completed crime.)

@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular

@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcAssault/!tcEscape

Offenses!tj4!tcHomicide

@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1

Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1

Other Violent!tj1!tl2!tl2!tl2!tl2!tl1

Felony Traffic!tj1!tl1!tl1!tl1!tl2!tl1

Escape!tj1!tl0!tl0!tl0!tl0!tl1

Burglary 2!tj1!tl1!tl2!tl1!tl1!tl1

Other

!sc ,1Non-Violent!tj1!tl1!tl1!tl1!tl1!tl1

Drug!tj1!tl1!tl1!tl1!tl1!tl1

@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcOther!tcSerious!tcOther!tcDrug

@p0 Current!tj1!tc@p12!tcFelony!tcTraffic!tcNon-

Offenses!tj2!tcTraffic!tj1!tcViolent

@h1@p0 Serious Violent!tj1!tl1!tl1!tl0!tl1!tl1

Burglary 1!tj1!tl2!tl1!tl0!tl1!tc1

Other Violent!tj1!tl1!tl1!tl0!tl1!tc1

Felony Traffic!tj1!tl1!tl1!tl1!tl1!tl1

Escape!tj1!tl0!tl0!tl0!tl0!tl0

Burglary 2!tj1!tl2!tl1!tl0!tl1!tl1

Other

!sc ,1Non-Violent!tj1!tl1!tl1!tl0!tl1!tl1

Drug!tj1!tl1!tl1!tl0!tl1!tl2

@h3 !tm2,1,1,1,1,1!tj3!tcPrior!sc ,1Juvenile!sc ,1Convictions

(Score prior convictions for

felony anticipatory crimes

(attempts, criminal solicitations,

and criminal conspiracies) the

same as for the completed crime.)

@h0!tm2,1,1,1,1,1 !tj1!tc@p1Serious!tcBurglary!tcOther!tcVehicular

@p0 Current!tj1!tc@p1Violent!tc1!tcViolent!tcAssault/!tcEscape

Offenses!tj4!tcHomicide

@h1@p0 Serious Violent!tj1!tl3!tl2!tl2!tl2!tl1/2

Burglary 1!tj1!tl2!tl2!tl2!tl2!tl1/2

Other Violent!tj1!tl2!tl2!tl2!tl2!tl1/2

Felony!sc ,1Traffic!tj1!tl1/2!tl1/2!tl1/2!tl2!tl1/2

Escape!tj1!tl0!tl0!tl0!tl0!tl1/2

Burglary 2!tj1!tc1/2!tl2!tc1/2!tl1/2!tl1/2

Other

!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

Drug!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

@h3 @h0@lb!tm2,1,1,1,1,1 !tj1!tc@p1Burglary!tcOther!tcSerious!tcOther!tcDrug

@p0 Current!tj1!tc@p12!tcFelony!tcTraffic!tcNon-

Offenses!tj2!tcTraffic!tj1!tcViolent

@h1@p0 Serious Violent!tj1!tl 1/2!tl1/2!tl0!tl1/2!tl1/2

Burglary 1!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2

Other Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2

Felony Traffic!tj1!tl1/2!tl1/2!tl1/2!tl1/2!tl1/2

Escape!tj1!tl0!tl0!tl0!tl0!tl0

Burglary 2!tj1!tl1!tl1/2!tl0!tl1/2!tl1/2

Other

!sc ,1Non-Violent!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1/2

Drug!tj1!tl1/2!tl1/2!tl0!tl1/2!tl1

!tm2,1,1,1,1,1 !tj3!tcStatus!sc ,1at!sc ,1Time!sc ,1of!sc ,1Current!sc ,1Offense

On postrelease community supervision or conditional discharge from supervision!tj5!tl 1

Not on postrelease community supervision or conditional discharge from supervision!tj5!tl0

@h3

!ix@la